This court dismissed a testamentary suit for non-prosecution as the plaintiff had expired and failed to appear despite a previous warning and this being scheduled as a final chance for appearance.
Suit dismissed for non-prosecution due to plaintiff's absence and expiration.
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24_TS_3_15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 3 OF 2015
IN
TESTAMENTARY PETITION NO. 1456 OF 2014
| Trilokchand Mithalalji Kawad | … | Plaintiff |
|---|---|---|
| vs. | ||
| Krishnasingh d/o. Girdharilal Namdev and |
… | Defendant/Caveatrix |
| Girdharilal Singh s/o. Dholaji Namdev | … | Deceased |
Ms. Shivangi Kedia Ruia, i/b. Girish Kedia for defendant/caveatrix.
CORAM : MANISH PITALE, J. DATE : 15th APRIL, 2024
P.C. :
. On 29.02..2024, this Court found that there was no appearance on behalf of the plaintiff and it was noted that the plaintiff expired. In that light, the suit was adjourned for today, as a matter of last chance, indicating that unless appropriate steps are taken in the matter, this Court will proceed to pass appropriate orders.
(MANISH PITALE, J.)
Priya Kambli
1/1
1 issue framed by the court
Whether a testamentary suit should be dismissed for non-prosecution due to the plaintiff's absence and expiration.
Trilokchand Mithalalji Kawad
Krishnasingh d/o. Girdharilal Namdev
Girdharilal Singh s/o. Dholaji Namdev
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
